Without a doubt, this Fall will be a decisive period for the United States as it relates to national cannabis policy. Voters in five states, Massachusetts among them, will have the opportunity to dictate whether cannabis will be legalized for recreational use, joining...
PLDO Law Blog
Firm News
RI Supreme Court Provides Long Awaited Guidance on Trust Attorneys’ Duty to Beneficiaries
In December of 2015, the Rhode Island Supreme Court provided guidance on the duties an attorney advising a trustee owes to the trust's beneficiaries. Audette v. Poulin, 127 A.3d 908 (R.I. 2015). Audette, the beneficiary of a trust, brought claims of negligence and...
Florida Court Rules Invalidated Will Does Not Revoke Prior Will
A Florida Court has recently applied the doctrine of dependent relative revocation to uphold a prior will where the later will was procured by undue influence. In re Estate of Murphy, 184 So. 3d 1221 (Fla. App. 2d Dist. Jan. 20, 2016). The testatrix, Virginia Murphy,...
Notice of an Employee’s Rights under FMLA Must Include Job Protection Rights
A recent decision by the U.S. Court of Appeals for the Fourth Circuit highlights the importance of proper notice to employees of their rights and responsibilities under the Family and Medical Leave Act (FMLA). (Vannoy v. Fed. Reserve Bank of Richmond, 4th Cir., No....
In Real Estate, Proceed with Caution and a Surefire Contract
While the real estate market is experiencing significant upheaval at the moment with decreased inventory and more tentative buyers, we believe there will be a reasonably quick return to status quo in the real estate market. Potentially, there will be an increase in...
Trust Beneficiary Forfeits Beneficial Interest After Violating No-Contest Clause
In July, the Massachusetts Appeal Court in Capobianco v. Dischino Capobianco v. Dischino, 19-P-197 (Mass. App. Ct. Jul. 9, 2020) ruled that a beneficiary forfeited his beneficial interest in a Trust established by his parents when he filed an action seeking to remove...
Terminating Your Interest in a Charitable Trust
A charitable remainder trust (“CRT”) is typically established as an irrevocable trust with an income stream reserved for the person who creates the trust (“the grantor”). When the income stream terminates, the remaining interest in the trust is donated to a charity. A...
Why LLC Operating Agreements Protect You and Your Business
Forming a limited liability company, or “LLC,” does not require an attorney. Articles of organization are filed with the Secretary of State and the LLC is then created; no attorney necessary. However, while registration with the Secretary of State is all that is...
U.S. Supreme Court Opens the Door to “Generic-dot-Com” Trademarks
Booking.com, an on-line travel agency that books hotel reservations and provides other services to customers, filed an application with the U.S. Patent and Trademark Office (the “USPTO”) to register the trademark “Booking.com.” The application was rejected based on...